UK settlement visa as self employed

[Pete Beale]

I want to bring my Fiance to UK permanently after we marry, she has already been as a visitor. I know that to get a settlement visa I must be able to show earnings of at least £18'600 which is not a problem, but she says she has read on a Thai forum that if you're self employed you need to show a minimum of 2 years earnings. I work as a London Cabby and am coming up for 1 year in the job.

So is it the case that we'll have to wait another year ?

[ThaiVisaExpress]

This is from the guidance on meeting the financial requirement from self - employment :

9. Self-employment or Director of a specified limited company in the UK

9.1. Category F: Last financial year

9.1.1. Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement.

9.2. Category G: Average of last two financial years

9.2.1. Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can choose instead to rely on Category G. This allows them to use an average of the income received in the last 2 full financial years to meet the financial requirement.

9.2.2. A reference to the “average” of the income received in the last 2 full financial years in Category G is a reference to the mean average.

Tony M

[7by7]

Basically, up to you

From the financial appendix

9. Self-employment or Director of a specified limited company in the UK

9.1. Category F: Last full financial year
9.1.1. Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement.

9.2. Category G: Average of last two full financial years
9.2.1. Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can choose instead to rely on Category G. This allows them to use an average of the income received in the last two full financial years to meet the financial requirement.

So if your earnings in the last full financial year are sufficient; category F. From what you say, you were not self employed for the whole financial year, but as long as you earned at least £18,600 during the year then you meet the requirement.

If the average for the last two years is better, use category G. Note that to work out the amount they will take your total earnings for the two years, divide by 24 and multiply by 12. If this is over £18.600 then you meet the requirement.

Note that in both categories, self employed income can be combined, if necessary, with income from other sources, e.g. employed, but not with cash savings.

Edit: Tony types faster than I!

Edited July 19, 2014 by 7by7

[lanng khao]

Don't forget to have your national insurance class 2 contributions up to date.

Sent from my iPad using Thaivisa Connect Thailand

[Pete Beale]

Thanks for replies.

So as I started work in September 2013 the earliest date we can apply for her settlement visa would be April 2015 as that would be the end of the 2014 - 2015 financial year using my earnings for that year. Not sure what evidence to show my earnings I use in my application, something from my accoutant or from the inland revenue ?

[Seekingasylum]

And other folk blandly state it's only a matter of form filling?

I suggest you read the requirements of the Immigration Rules as set out in Appendix FM - SE. The UKVI have this on their website.

[ThaiVisaExpress]

Thanks for replies.

So as I started work in September 2013 the earliest date we can apply for her settlement visa would be April 2015 as that would be the end of the 2014 - 2015 financial year using my earnings for that year. Not sure what evidence to show my earnings I use in my application, something from my accoutant or from the inland revenue ?

Not necessarily. You will need to provide your tax return for the last financial year ( April - March) in which you reach the threshold. So, that could actually be the financial year ending March 2014 if you earned the required amount in that tax year ? It is possible that you met the requirement even if you didn't start work until September 2013. The rules don't say that you have to have been employed for the full financial year, just that you have to have earned the required amount in that tax year.

The requirements for self - employed sponsors are as follows. Basically, you will need to provide the documents listed below. If you don't provide all of the required documents the application must be refused by the visa officer. There is no discretion :

In respect of self-employment in the UK as a partner, as a sole trader or in a franchise, all of the following must be provided:

(a) Evidence of the amount of tax payable, paid and unpaid for the last financial year.

(b ) The latest:

(i) annual self-assessment tax return to HMRC (a copy or print-out);

(ii) Statement of Account (SA300 or SA302); and

(iii) the same for the previous financial year if the latest return does not show the necessary level of gross income, but the average of the last 2 financial years does.

(c ) Proof of registration with HMRC as self-employed if available.

(d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.

(e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s).

(f) Personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.

(g) Evidence of ongoing self-employment through evidence of payment of Class 2 National Insurance contributions.

(h) One of the following documents must also be submitted:

(i) (aa) If the business is required to produce annual audited accounts, the latest such accounts; or

(bb) If the business is not required to produce annual audited accounts, the latest unaudited accounts and an accountant‟s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006);

(ii) A certificate of VAT registration and the latest VAT return (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £73,000;

(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or

(iv) A franchise agreement signed by both parties.

(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.

Tony M

Edited July 20, 2014 by ThaiVisaExpress

[lanng khao]

Better to let a visa company do it for you, they charge a grand but if you don't get the visa you don't pay, then there's the added expense of English and tb xrays for your waan jai...

Sent from my HTC One mini using Thaivisa Connect Thailand mobile app

[Bladefire]

I am self employed and was succesful in bringing my family here to the uk. Just make sure you do your homework. Blade ......

Sent from my iPhone using Thaivisa Connect Thailand mobile app